One of Dickens’ characters, Mr. Bumble, as I recall, said something to the effect that if the law established some ridiculous provision then the law was “a ass.”
Usually, the law isn’t quite that bad, but that was before Texas passed its recent anti-abortion legislation. Regardless of one’s position on abortion, this legislation is worse than an abortion of rights or a miscarriage of justice [both of which it is], and the U.S. Supreme Court’s failure to stop its implementation suggests that those justices in the High Court’s majority are also asses – in legal terms.
Apparently, in order to avoid making the state of Texas the enforcement body, the law enables anyone to file a civil lawsuit against anyone who performs an abortion of any fetus where the heartbeat can be detected [usually around six weeks] as well as against anyone who enables/assists in obtaining such an abortion. The statute also mandates a judgement/payment to the plaintiff of up to $10,000.
The historic legal requirement for obtaining damages is that someone has suffered an injury of some sort, yet under the Texas law anyone can file such a lawsuit, even if they cannot prove that they personally suffered such an injury. The “beauty” of this approach is that even if the complainant/plaintiff receives no damages, the defendant is saddled with enormous legal costs and bills, while the plaintiff and the Republican legislators who passed the legislation get off scot-free.
Furthermore, the language around what constitutes an enabler is vague enough that anyone who transports a woman seeking an abortion to where an abortion takes place might well be subject to the legislation. That could conceivably even involve airlines or other transportation.
The Texas Right to Life movement is already reputedly establishing a hot line to receive tips about women seeking abortions. Perhaps, in that light, the organization should change its name to the “Texas Taliban.”
The fact that the U.S. Supreme Court didn’t just strike down the law as a gross infringement on personal privacy suggests worse may be yet to come.
So… three cheers, or rather raspberries, for all those legal asses.